Myricks v. Heilbron

JOHNSON, Chief Justice.

This suit was filed by S. Myricks against Louis Heilbron on October 28, 1941, in trespass to try title to a certain tract of land located in Bowie County. Defendant answered by plea of not guilty and specially pleaded that on or about November 1, 1936, plaintiff was in possession of the land, holding same under an executory contract of sale evidenced by deed expressly retaining a vendor’s lien to secure payment of the purchase price; and that on said date, plaintiff being unable to pay the purchase money, disclaimed all interest in the land and surrendered possession to…